New York Codes, Rules and Regulations
Title 18 - DEPARTMENT OF SOCIAL SERVICES
Chapter II - Regulations of the Department of Social Services
Subchapter B - Public Assistance
Article 1 - Determination of Eligibility-General
Part 358 - Fair Hearings: Family Assistance, Safety Net Assistance, Medical Assistance, Emergency Assistance to Aged, Blind or Disabled Persons, Emergency Assistance to Needy Families With Children, Supplemental Nutrition Assistance Program, Home Energy Assistance, and Services Funded through the Department of Family Assistance
Subpart 358-5 - THE FAIR HEARING PROCESS
Section 358-5.1 - Notice of fair hearing
Universal Citation: 18 NY Comp Codes Rules and Regs ยง 358-5.1
Current through Register Vol. 46, No. 39, September 25, 2024
(a) Except for hearings which are given priority in scheduling in accordance with section 358-5.2 of this Subpart, at least 10 calendar days prior to the date of the fair hearing, a written notice of the fair hearing will be sent by OAH to the appellant, appellant's authorized representative and to the social services agency.
(b) The fair hearing notice will state the following:
(1) the date, time
and place of the fair hearing and an explanation of how and when a change in
the date and place of the fair hearing may be requested, and under what
circumstances a hearing will be rescheduled if neither the appellant nor the
appellant's representative appears at the hearing;
(2) whether public assistance, medical
assistance, food stamp benefits or services must be continued
unchanged;
(3) the appellant's
right upon request to necessary transportation or to transportation expenses to
and from the fair hearing for the appellant and the appellant's authorized
representatives and witnesses and for payment of the appellant's necessary
child care costs and for any other necessary costs and expenditures related to
the fair hearing;
(4) the
appellant's right to be represented at the fair hearing by legal counsel, a
relative, friend or other person or to represent oneself, and the right to
bring witnesses to the fair hearing and to question witnesses at the
hearing;
(5) the right to present
written and oral evidence at the hearing;
(6) that the appellant should bring the
notice of fair hearing to the hearing as well as all evidence that has a
bearing on the case such as books, records and other forms of written evidence,
and witnesses, if any;
(7) the
appellant's right to review appellant's case record prior to and at the fair
hearing;
(8) the appellant's right
upon request to obtain copies of documents which the social services agency
will present at the fair hearing and copies of other additional documents for
the purpose of preparing for the fair hearing;
(9) the right of a deaf or non-English
speaking appellant to interpreter services at the fair hearing at no charge;
and
(10) the issues which are to be
the subject of the hearing.
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